Do Alex Murdaugh's Lawyers Have A Point This Time?

Alex Murdaugh's defense is asking a judge to move the retrial out of the entire fourteenth judicial circuit, and it is the motion people argue about most. Tony Brueski takes listener questions with Robin Dreeke, retired FBI Special Agent and former chief of the Bureau's Counterintelligence Behavioral Analysis Program.

The filing calls the case among the most heavily publicized criminal prosecutions in South Carolina history. It asks the court to move the trial outside the circuit where Murdaugh's family operated for generations. His great-grandfather, grandfather and father served consecutively as the region's elected solicitor from 1920 to 2006. The circuit covers five counties: Allendale, Beaufort, Colleton, Hampton and Jasper.

Judge Debra McCaslin has left it to the state and the defense to discuss possible locations and bring her options. Pretrial proceedings are running out of her home court in Lexington County.

The listener objection is a fair one. Documentaries, books and streaming series about this family reached the whole country, not five counties. Moving the trial also means the community where Maggie and Paul Murdaugh lived and died does not get to sit in judgment.

The counterargument holds that saturation is not uniform. Jurors drawn from counties the family ran for a century carry associations jurors elsewhere do not. That is the standard a venue motion is measured against.

The defense's other pending filings include a demand for a fresh Brady and Giglio search with written certification inside thirty days, plus a bid for independent DNA testing. McCaslin has also ruled Murdaugh will appear before the new jury in street clothes and without restraints, over the state's objection.

Murdaugh's convictions were overturned, he awaits retrial, and he is presumed innocent.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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